Does Infidelity Matter in a New Jersey Divorce Case?
>> Jun 29, 2017
Infidelity is defined as the action
or state of being unfaithful to a spouse. When married, this is referred to as
adultery, which can be cited as a reason for divorce. There are many instances
where adultery can swing the favor of a divorce case in one party’s favor, but
there are certain states that have specific rulings regarding infidelity.
Rulings
on Infidelity in New Jersey
Choosing to end a marriage will be
difficult regardless of the reasons behind the choice. In New Jersey, those
seeking a divorce can choose to pursue a “fault” or “no fault” divorce. In a
fault divorce, the party filing for the divorce claims that the other spouse is
responsible for the breakdown of the marriage. In a no fault divorce, no blame
is placed on either party for the marriage not working out.
As of January 2007, New Jersey
became a “no fault” state, wherein parties seeking divorce are able to file for
it without having to cite one of the fault-based grounds, or have had to be
separated for a minimum period of 18 months before filing. In New Jersey,
people are now able to file for divorce citing “irreconcilable differences”.
Divorce
Case Proceedings
Many people choose to file for a no
fault divorce in order to avoid messy, expensive legal proceedings. Proving
fault in a divorce can be traumatic for both parties seeking the dissolution of
their marriage, and in cases of infidelity or adultery, it may sometimes
require the naming of individuals with whom the other spouse has had an affair.
The court may also require
information regarding the length of the committed infidelity, where it was
committed, and so on. Finally, the individual with whom the spouse has had an
affair with will most likely have to make a court appearance. In order to
obtain the information the court needs in order to proceed, it may become
necessary to hire a private investigator in New Jersey.
All of the above translates into a
lot of work, and possibly much unnecessary heartache. In a state like New
Jersey, citing adultery plays no significant role in helping the court
determine the amount of support a spouse might be entitled to receive, nor in
the division of the couple’s properties.
However, a court might rule
differently if it is proven that the infidelity has had an adverse or negative
affect on the couple’s finances. For example, if a spouse has spent a
significant amount of money on the individual with whom he or she is or was
having an affair with, or has hidden assets or cash with that individual, the
courts may choose to factor in that spouse’s dishonesty into the division of
the couple’s property.
Other
Effects of Adultery in Divorce Cases
In terms of property division, the
court will not factor in infidelity when deciding who gets what. There have
been cases, however, where this could indirectly affect the decision. As
mentioned earlier, if one party spends an excessive amount of the marital funds
on an adulterous relationship, the court may rule in favor on the cheated
spouse to receive a greater amount in the property division to make up for the
misused assets.
The case is also the same for child
custody, where infidelity does not necessarily affect the court’s decision.
However, special circumstances come into play when the unfaithful spouse can
put the children at risk by exposing them to someone who might adversely affect
them during them time with the adulterous parent. For instance, if this parent
lives with an alcoholic or sex offender, this can affect the court’s decision
for custody or visitation rights.
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